Erik Estavillo has filed a lawsuit against the Playstation 3 maker, alleging that the company violated his right to free speech and caused undue pain and suffering.

According to the suit, the San Jose resident's problems began when he was banned from the Network due to his behavior in the online first-person shooter, Resistance: Fall of Man. Estavillo claims he was unfairly targeted by the game's moderators and believes his First Amendment rights have been ignored. From the suit:

"...the plaintiff was exercising his First Amendment Rights to Freedom of Speech in the game's public forum when he was banned from, not only the Resistance video game, but also banned from playing all other games online via the PlayStation Network."

He further asserts that by denying him access to pre-paid points stored in his Playstation Network Wallet Fund, Sony is also guilty of theft.

In addition to requesting that Sony end the practice of banning entirely, Estavillo is seeking $55,000 in punitive damages connected to his suffering from a variety of ailments exacerbated by the ban, including Obsessive-Compulsive Disorder, Panic Disorder, Major Depression, Crohn's Disease and Agoraphobia.